Kumarakalva Shake Ameerunissa Begum vs. The National High Way Authority Of India
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Ravi Cheemalapati
Listed On:
23 Sept 2024
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 11845 OF 2021
Between:
Kumarakalva Shake Ameerunissa Begum, W/o. Salauddin years, R/o. D.No.7-56-1, Gadwal Street, Near Flower Market village, Kadiri Mandal, Ananthapuram District. Female, Aged 64 Street, Kadiri
...PETITIONER
AND
-
- The National High Way Authority of India, Rep. By its Chairman, G <sup>5</sup> & 6, Sector-10, Dwaraka, New Delhi.
-
- The Joint Collector cum Competent Authority (Land Acquistion), (National Highway Kadiri Byepass Project) Anathapuram Anathapuram. District.
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- The Revenue Divisional Officer, Anathapuram-515591. Kadiri Revenue Division, Kadiri
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- The Mandai Tahsiidar, Kadiri Mandai, Kadiri, Ananthapuram District 515591.
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- The Superintendent of Engineer (R and B), N.H.Circie, Ananthapuram, Ananthapuram District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in changing the alignment of the National Highway No.42, at 159/250 km to 168/450 km (kadiri Bypass) at petitioner's land point in Sy.No.175-2D, 175- 3A1 of Kadiri village and Mandal, Peg-marking excess extent of land mentioned in the Notification Dt.23.03.2020 as illegal, irregular, arbitrary, violative of the provisions of the National Highways Act 1956 and Rules framed there under and also offends Articles, 14, 21 and 300-A of Constitution of India and consequently direct the Respondents not to change the alignment of the road, i.e.. National Highway No.42, at 159/250 km to 168/450 km (kadiri Bypass).
lA NO: <sup>1</sup> OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including dispossession and formation of the road in petitioner's land in total Ac. 2.00 cents i.e., an extent of Ac. 1.00 cents in R.S.No. 175-3A1 and Ac. 1.00 cents in R.S.No.175-2D of Kadiri village and Mandal of Anathapuram District, pending disposal of the above writ petition in the interest of justice.
Counsel for the Petitioner: SRI M LALITH KUMAR, ADVOCATE REPRESENTING FOR SRI MANGENA SREE RAMA RAO
Counsel for the Respondent No.1: SRI S S VARMA (SC FOR NHAI)
Counsel for the Respondent Nos. <sup>2</sup> to 4: GP FOR REVENUE
Counsel for the Respondent No. 5: GP FOR ROADS AND BUILDINGS
The Court made the following: ORDER
APHC010206692021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3332]
MONDAY ,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 11845/2021
Between:
Kumarakalva Shake Ameerunissa Begum ...PETITIONER
AND
The National High Way Authority Of India and Others ...RESPONDENT(S)
Counsel for the Petitioner:
- MANGENA SREE RAMA RAO
Counsel for the Respondent(S):
1.GP FOR ROADS BUILDINGS
2.GP FOR REVENUE
The Court made the following:
Sri M.Lalith Kumar, learned counsel representing Sri Mangena Sree Rama Rao, learned counsel for the petitioner on instructions of the petitioner submitted that pursuant to the filing of this writ petition the respondent authorities clarified the extent
of land which they are going to acquire from the petitioner and further they have paid compensation to the petitioner in that regard. As such, prayed to close the writ petition.
Taking the submissions into consideration, respondent authorities have given clarification regarding the extent of land to be acquired, and paid compensation to the petitioner, there remains nothing for adjudication and the writ petition is liable to be closed. 2. as the
- Recording the submissions of the learned counsel for the petitioner, the writ petition is closed. There shall be no order to costs. as
Consequently, Miscellaneous applications, if any, pending in the writ petition shall stand closed.
SDI- SHAIK MOHD. RAFI ASSISTANT R^ISTRAR //TRUE COPY//
To,
-
- One CC to Sri Mangena Sree Rama Rao Advocate [OPUC
-
- One CC to Sri S S Varma, SC for NHAI Advocate [OPUC]
-
- Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh [OUT]
-
- Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
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- Three CD Copies
TF
n
SECTION OFFICER
HIGH COURT
DATED:23/09/2024
ORDER
WP.No.11845 of 2021